Another clamping thread..sorry!

MarthaMyDear

I know there's loads of clamping threads on Boards so apologies for this, also I'm not sure if this is the right section. Basically I'm looking for advice on appealing a clamp.

Long story I'll try explain as best I can! I work as a carer for people with disabilities and as part of my work I travel to different houses. I was working in a large apartment block in Dublin where the spaces have corresponding numbers to each apartment- every apartment has one space. Then there are a few spaces with no numbers where guests etc park. This is where myself and any of the other staff I work with always park. There's clamping signs around the place and a sign from the apartment management company saying that "numbered spaces are for residents only". The company I work for is not involved in this at all and has basically said parking is at our own risk so my job isn't really relevant to this.

I went into work the other day and parked in a space that had no number on it. I was a bit wary as I had been told a man who lives in the apartment in front of it always parks there (he also has another space with his number on it where his wife parks) and he had not been happy about people parking there who aren't residents. It was explained to him why we needed to park there but he said he didn't care. So I was only popping in for a short time so I parked there anyway as there was no other free spaces without numbers. The guy called the clampers and I was clamped 5 minutes later. I didn't realise till I was leaving.

I paid the fine and it crippled my bank account. I'm only out of college and am working my arse off to pay rent, loans etc. Now my issue is in the last few days someone has painted over the word "numbered" on the signs that say "numbered spaces for residents only". I obviously didn't notice this on the way in but had seen these signs previously (last week) saying it was only the numbered spaces that were allocated. There was other staff at the same time I was clamped parked in non numbered spaces and non of them were clamped. Also the man who always parks there has no permit etc on his car he's just insisting it's his space. I can't find details for the management company anywhere online to clarify the parking situation. I've sent an appeal to the clampers explaining the situation but....have I any chance of getting the money back?

I'm not even sure if I explained that properly so questions welcome!

slimjimmc

Perhaps you could ask your client to contact the management company and appeal it on your behalf. Failing that, "Clampers target carer for disabled" might make an interesting headline for local media (or at least the threat of it).

A Law

The appeals process with these clamping companies is very unfair. You have to pay to be declamped and they won't hear your appeal until you do. In 99 out of 100 cases your appeal is then turned down because, even though you might have a valid excuse, you parked without a permit. The mistake you made was paying the fine. I hope you get your money back but can't see it happening.

Guy:Incognito

joefuss1986 wrote: »

The appeals process with these clamping companies is very unfair. .

You could always have a system where you leave it there , clamped, for a couple of weeks while letters go back and forward if that suits better?

I doubt many people would pay up if they released it on the condition you pay if you lose the appeal. They'd just tell them to fup off.

No Pants

Did they not say exactly why they had clamped you?

cadaliac

Unfortunately, if its on private property and the management co. advertise the fact that they clamp, you are out of luck.
The whole painting over the "numbered" word is going to be difficult to prove. Even if you prove that it was painted over, you still have to prove that it was visible/not visible on the day you were clamped.
Its private property and you can appeal all you like - I don't think you can get your money back.
Public property might be a different story, but I really wouldn't bother wasting more time and effort on it in reality.
Sorry, I know it sucks.

Cuddlesworth

You're not going to get your money back.

If you spend a little money, its a quick trip to the boot of the car and then you're home free for any future encounters.

anthonyos

I work as a plumber and get clamped all that time I just cut them off with a cordless angle grinder takes 20 seconds ...residents are the ones who usually report non residents cars to management and they in turn contact the clampers ...

No Pants

Can you confirm that it's your car OP and not supplied by the company you work for?

MarthaMyDear

Yes I can confirm it's my own personal car.

And I had to pay the fine on the spot, I rang and tried to talk to the clamping company but they just said to appeal it after I had paid. I live 45 minute drive from this place so I couldn't leave my car there over night.

Do you think the fact nobody else got clamped would help my appeal? There was other people from the same company I work for parked in spaces with no numbers. I know I probably won't get the money back but I thought I'd try my best All this for 2 hours work, I actually drove all the way up to help out the person I was caring for even though I wasn't rostered and ended up paying 125 euro!!

And yes they said why they had clamped me it just said "allocated space" but the space actually isn't allocated to anybody the man who lives in front of it just always parks there.

hoodie6029

Cuddlesworth wrote: »

You're not going to get your money back.

If you spend a little money, its a quick trip to the boot of the car and then you're home free for any future encounters.

Take this advice for your future parking problems.

For you present problem I'd give our friend Joe Duffy a call.

MarthaMyDear

hoodie6029 wrote: »

Take this advice for your future parking problems.

For you present problem I'd give our friend Joe Duffy a call.

I don't think I'd be able to use one of those!

No Pants

Park where it's free for you to do so and build any extra time needed into your visit time. Make sure you let the person you're visiting know that their neighbour got you clamped.

dr.fuzzenstein

MarthaMyDear wrote: »

.... Also the man who always parks there has no permit etc on his car he's just insisting it's his space.....

Well, can you guess what your next step is going to be?
Let's see how he likes it!

dr.fuzzenstein

No Pants wrote: »

Park where it's free for you to do so and build any extra time needed into your visit time. Make sure you let the person you're visiting know that their neighbour got you clamped.

You obviously have no idea just how sh*tty carers are treated these days.
Pay is virtually nil, no expenses for travel, they have to fork out for their own training and uniforms, they get paid per visit, travel time does not count, in fact when you add it all up, there is no way to make a living out of being a carer.
Ryanair cabin crew get treated like royalty in comparison.
I have guarded empty houses in Jobstown, worked the nightshift in bakeries 6 days a week, peddled toys and books to companies and delivered furniture.
But I cannot see how anyone would become a carer, it's too sh*tty, even compared to the worst job you or I have ever done.

Good luck with that appeal, OP!

REXER

dr.fuzzenstein wrote: »

You obviously have no idea just how sh*tty carers are treated these days.
Pay is virtually nil, no expenses for travel, they have to fork out for their own training and uniforms, they get paid per visit, travel time does not count, in fact when you add it all up, there is no way to make a living out of being a carer.
Ryanair cabin crew get treated like royalty in comparison.
I have guarded empty houses in Jobstown, worked the nightshift in bakeries 6 days a week, peddled toys and books to companies and delivered furniture.
But I cannot see how anyone would become a carer, it's too sh*tty, even compared to the worst job you or I have ever done.

Good luck with that appeal, OP!

OP, you really have my sympathy as I can confirm what the good Dr has posted about the work conditions in the sector that you work in. Zero hour contracts, work just at the minimum hourly rate and no travel time or expenses covered. Shocking really.

No Pants

dr.fuzzenstein wrote: »

You obviously have no idea just how sh*tty carers are treated these days.
Pay is virtually nil, no expenses for travel, they have to fork out for their own training and uniforms, they get paid per visit, travel time does not count, in fact when you add it all up, there is no way to make a living out of being a carer.
Ryanair cabin crew get treated like royalty in comparison.
I have guarded empty houses in Jobstown, worked the nightshift in bakeries 6 days a week, peddled toys and books to companies and delivered furniture.
But I cannot see how anyone would become a carer, it's too sh*tty, even compared to the worst job you or I have ever done.

Good luck with that appeal, OP!

Hold on, I was trying to support. I think that she should park where she's certain that she cannot be clamped. If that happens to make her visits slightly longer, then that's a problem for her company.

The block she's visiting must have some process for visitor parking.

dr.fuzzenstein

No Pants wrote: »

Hold on, I was trying to support. I think that she should park where she's certain that she cannot be clamped. If that happens to make her visits slightly longer, then that's a problem for her company.

The block she's visiting must have some process for visitor parking.

It would appear they don't have a process for visitors.
I was mentioning about carers in general, no attack intended, sorry if it came across that way.
My point is, if the OP now has to spend an extra 10, 20 minutes getting in and out, it is not a problem for his/her company, travel time (and petrol and any other expense, for that matter) doesn't come into it, any extra time spent comes out of the bottom line, if this now happens with every visit, this is real money the OP is missing out on.
You cannot even imagine how sh*tty these jobs are, my GF has been looking into doing one of those jobs and has informed the company that was interested in hiring her that they can insert it up their backpassage and that what they where offering was a disgrace and should not be legal in this country or anywhere else.

And don't forget OP, the tenant doesn't have a permit, ring the managing company and inform them of a car blocking a space with no permit displayed.

keithclancy

I'd say ring Joe Duffy, name and shame.

That's pretty horrible behavior.

Fair enough if you break the rules regardless, but when they make up the rules as they go along its not on.

MarthaMyDear

So this is the response I got to my appeal:

We acknowledge receipt of your correspondence regarding your vehicle being immobilised and these are our findings;

Whilst we sympathise with the circumstances surrounding the vehicle being immobilised our enforcement officers would be unaware of them and would carry out their instructions accordingly.

The *name removed* car park is private property and we are contracted to enforce the parking regulations on this site.

Please note that there are public display signs erected in this car park informing you that no unauthorised or illegally parked vehicles and that immobilisation is in operation.

Due to the vehicle being parked in contravention to the sites rules, we are unable to grant your appeal. If you would like to appeal our decision further please submit your 2nd appeal to the Independent Parking Appeals Services (IPAS) under The Second Appeal -Independent Process section available on www.webappeals.ie

Thank you for your correspondence.

I'm annoyed by this as I wasn't "unauthorised" as I was parked in an unallocated space while visiting someone at the apartments. Anyone think I should bother with the second appeal?

BMJD

:rolleyes:

such bull****

3rdDegree

Question : If you cut the clamp off the way some are recommending, would you be liable for criminal damages?

Thanks

MarthaMyDear

3rdDegree wrote: »

Question : If you cut the clamp off the way some are recommending, would you be liable for criminal damages?

Thanks

It said on the notice on my car that if you cut the clamp you're liable for 500 euro

keithclancy

MarthaMyDear wrote: »

It said on the notice on my car that if you cut the clamp you're liable for 500 euro

I could put a note on your window saying if you say the word "Chicken" you owe me 500 euros.

slimjimmc

3rdDegree wrote: »

Question : If you cut the clamp off the way some are recommending, would you be liable for criminal damages?

Thanks

Yes, if there was sufficient evidence for a conviction and the clamper was willing to go that far. There is also the option of them taking a civil case against you for damages but imo it would be unlikely for cost reasons.

Pedro K

MarthaMyDear wrote: »

So this is the response I got to my appeal:

We acknowledge receipt of your correspondence regarding your vehicle being immobilised and these are our findings;

Whilst we sympathise with the circumstances surrounding the vehicle being immobilised our enforcement officers would be unaware of them and would carry out their instructions accordingly.

The *name removed* car park is private property and we are contracted to enforce the parking regulations on this site.

Please note that there are public display signs erected in this car park informing you that no unauthorised or illegally parked vehicles and that immobilisation is in operation.

Due to the vehicle being parked in contravention to the sites rules, we are unable to grant your appeal. If you would like to appeal our decision further please submit your 2nd appeal to the Independent Parking Appeals Services (IPAS) under The Second Appeal -Independent Process section available on www.webappeals.ie

Thank you for your correspondence.

I'm annoyed by this as I wasn't "unauthorised" as I was parked in an unallocated space while visiting someone at the apartments. Anyone think I should bother with the second appeal?

But you were in a guest spot, no?

slimjimmc

OP, you're wasting your time with the clamping company. Firstly ask your resident client to find out from the management company the official situation regarding non-numbered spaces and guest parking, it seems somewhat vague. The sign which originally said "numbered spaces for residents only" may have been defaced (guess who?) or it might be an official alteration, however regardless of numbering it may be necessary for residents to phone in their guests with the clampers on each visit. If you didn't breach a parking condition then the management company may be able to pressurise the clampers into giving you a refund.

kirving

MarthaMyDear wrote: »

It said on the notice on my car that if you cut the clamp you're liable for 500 euro

That sounds like a very expensive padlock.

CarrickMcJoe

dr.fuzzenstein wrote: »

You obviously have no idea just how sh*tty carers are treated these days.
Pay is virtually nil, no expenses for travel, they have to fork out for their own training and uniforms, they get paid per visit, travel time does not count, in fact when you add it all up, there is no way to make a living out of being a carer.
Ryanair cabin crew get treated like royalty in comparison.
I have guarded empty houses in Jobstown, worked the nightshift in bakeries 6 days a week, peddled toys and books to companies and delivered furniture.
But I cannot see how anyone would become a carer, it's too sh*tty, even compared to the worst job you or I have ever done.

Good luck with that appeal, OP!

And Carers save this bloody government millions of euro. :mad:

MarthaMyDear

Thanks for all the replies

To answer some questions, yes I was in a guest spot/unallocated spot so the clampers email reply doesn't even make sense.

Also, what is even stranger is NONE of the residents have permits on their cars. They just park in their space with their apartment number and if someone else happens to be in it or blocking them etc they call the clampers. I'm so confused by all this. I was speaking to some people from work today and they are still parking in the un-numbered spaces, as they have been for years, and nobody has gotten clamped. It seems to just be in the particular space that a resident has decided is his .

What really annoys me is he clearly saw me parking there, if he had come out and asked me to move I would have no problem. Instead I've had to use almost two days work worth of money for a clamp!!

Nekarsulm

Yeah, got clamped in Trinity carpark last summer. wife had booked one of the student apartments for 4 days, which includes parking. I was only able to be there 1 night, but the Reg. number of the jeep was allocated parking. Got written notice for windscreen on entering campus. displayed it. didn't realise that in the original booking pack, there should of been a parking permit to be displayed. It was not provided. Next morning, about 10am, was clamped. Appeal futile, 150 notes. The guys manning the gate had contacted the clampers. Nobody was responsible, it seemed. Just pass the blame round in a circle. Have a big pair of bolt cutters now, would not dream of visiting the capital without them.

BMJD

MarthaMyDear wrote: »

It said on the notice on my car that if you cut the clamp you're liable for 500 euro

if it happens again, post here and the magic clamp cutting fairy may be able to help you out

emeldc

Safety in numbers. Arrive with ten of your colleagues and occupy as many spaces as possible including the one you parked in before. Then knock on yer mans door and tell him to call the management company, that you would like a word with the clamper. I don't know if it would do you any good but it would be fun confronting the resident and the management co with some support behind you .

dr.fuzzenstein

I'd almost get me a clamp and clamp him. Then put a sticker from the clamping company on his window.
The sit down somewhere nearby with a bucket of popcorn and a soda.

homerno

Nekarsulm wrote: »

Yeah, got clamped in Trinity carpark last summer. wife had booked one of the student apartments for 4 days, which includes parking. I was only able to be there 1 night, but the Reg. number of the jeep was allocated parking. Got written notice for windscreen on entering campus. displayed it. didn't realise that in the original booking pack, there should of been a parking permit to be displayed. It was not provided. Next morning, about 10am, was clamped. Appeal futile, 150 notes. The guys manning the gate had contacted the clampers. Nobody was responsible, it seemed. Just pass the blame round in a circle. Have a big pair of bolt cutters now, would not dream of visiting the capital without them.

i know a guy who bring super glue with him in his car everywhere he goes , he stops every chance he get and smiles as he pumps a few drops into the key hole,

Grolschevik

homerno wrote: »

i know a guy who bring super glue with him in his car everywhere he goes , he stops every chance he get and smiles as he pumps a few drops into the key hole,

Thereby delaying even more the person who wants the clamp off their car?!

anthonyos

I know of an apartment complex in finglas and they clampers clamp cars alot because landlords have not paid there management fees but there is one man living there who has a petrol consaw and you simply knock at his door and he will remove it for you one evening he cut 8 off in one go....

anthonyos

MarthaMyDear wrote: »

It said on the notice on my car that if you cut the clamp you're liable for 500 euro

Take the clamp and evidence with you and say when you got to your car a white van with "clamping" wrote on the side of it pulled put you paid the man and he removed it and then tell them you intend to appeal and if they accuse of crinmal damage you ask them for is in writing and you will contact your solicitor and sue them for defamation of character and still demand your money back

MarthaMyDear

I'm kind of raging I didn't post here before I paid the fine! I thought it might have sounded cheeky to ask people for help taking it off! If I get a reply to my second appeal I'll post it here, not that it's going to go anywhere.

dr.fuzzenstein

I think small claims court is the only way to go here.

Cuddlesworth

If the person you're caring for is willing, have them call the clampers on the car that usually parks in that spot. Since clearly nobody is allowed park there.

slimjimmc

dr.fuzzenstein wrote: »

I think small claims court is the only way to go here.

Not sure how it would fall under the scope of the SCC.
http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure

keithclancy

Cuddlesworth wrote: »

If the person you're caring for is willing, have them call the clampers on the car that usually parks in that spot. Since clearly nobody is allowed park there.

If you asked me to start a potential 'war' with my crazy neighbor I would not be up for it

dr.fuzzenstein

keithclancy wrote: »

If you asked me to start a potential 'war' with my crazy neighbor I would not be up for it

Why not?
OP, collect some doggy doo in a bag, leave on his doorstep, light, ring the bell and RUN!

Cuddlesworth

keithclancy wrote: »

If you asked me to start a potential 'war' with my crazy neighbor I would not be up for it

Nothing solves a argument better then escalation.

Seriously though, buy the bolt cutter I linked to. Even as a girl it will take you 60 seconds to cut the chain/lock in future. If your going to be doing a lot of work in apartment blocks, you are going to be clamped a fair bit over the years. Its either that or the release fee each time.

Nekarsulm

more like 15 seconds. Will the company you work for give you stickers for your car? the girls that looked after my Mum had branded cars. might help.
As a girl, buy the biggest bolt cutters you can. longer handles mean more leverage and easier to work.

djimi

The only way this gets sorted is if the person that you are visiting is able to sort it for you. As things stand you are not permitted to use the car park, so you need to get permission (or clarification of permission). Until this is sorted there is no point in parking there again.

BMJD

djimi wrote: »

As things stand you are not permitted to use the car park, so you need to get permission (or clarification of permission). Until this is sorted there is no point in parking there again.

Long story I'll try explain as best I can! I work as a carer for people with disabilities and as part of my work I travel to different houses. I was working in a large apartment block in Dublin where the spaces have corresponding numbers to each apartment- every apartment has one space. Then there are a few spaces with no numbers where guests etc park. This is where myself and any of the other staff I work with always park.

Are carers not allowed avail of a precious "guest" spot?

cut it off, a clamping company will not try to press charges against a carer going about their business, and even if they did they would not win

djimi

BMJD wrote: »

Are carers not allowed avail of a precious "guest" spot?

cut it off, a clamping company will not try to press charges against a carer going about their business, and even if they did they would not win

Evidently not, no. The OP has been told that they cannot use the space, they have been clamped once for doing so. This is not their car park and its not their residence; whether its right or not they really should not be using the spaces unless they have been specifically cleared to do so.

dr.fuzzenstein

Makes me appreciate country living, I'm glad I don't have to live in a ghetto like that.

MarthaMyDear

This was their reply when I replied to their last email and calmly explained how what they were saying didn't make sense. Sounds like they're basically telling me to F off! I said in my email that I was aware someone reported me yet they don't have a permit either, hence them saying they can't discuss third party. Should I bother with the other crowd?

We acknowledge receipt of your further correspondence regarding your vehicle being immobilised and these are our findings;

Due to the vehicle being parked in contravention to the sites rules, we are unable to grant your appeal.

We are governed by the Data Protection Act and therefore we are unable to discuss or communicate any details of vehicles to a third party without the consent of the owner.

Please note that the Appeals process has two stages, the initial stage is dealt with by NCPS and then for the 2nd appeals process there is an Independent Appeals Process available.

Please also note that The Independent Parking Appeals Services (IPAS) acts as an independent body in relation to 2nd appeals that may arise from NCPS car parking operations. You can access the information for IPAS at www.ipas.ie

Therefore, if you are not satisfied with our decision, please submit your appeal with Independent Parking Appeals Services.

Thank you for your correspondence and NCPS now considers this matter closed.